SHANO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner seeks the concession of pre-arrest bail in a case registered at the instance of Balwinder Singh complainant alleging that the petitioner along with others had trespassed in the house of the complainant and assaulted him. The application of coaccused of the petitioner for pre-arrest bail has been allowed but the application for pre-arrest bail filed by the petitioner was dismissed by the Additional Sessions Judge on 25.10.2010.

(2.) Counsel for the petitioner submits that the parties have compromised the matter and they have filed a petition for quashing of the FIR on the basis of compromise. It appears that on the basis of changed circumstances, after 25.10.2010, the petitioner could have filed a petition for pre-arrest bail and could have also sought parity with his co-accused Sukhwiner Singh and Sarabjit Singh, who have been granted the concession of bail.

(3.) This petition is disposed of with liberty to the petitioner to approach the Sessions Court again for the grant of relief of pre-arrest bail on the basis of changed circumstances i.e., matter having been compromised and a petition for quashing being pending on the basis of compromise before this Court. It will be open to the Sessions Court to allow the said application on the basis of the changed circumstances despite the earlier application having been dismissed on 25.10.2010. The petitioner will be at liberty to file a fresh petition within a period of one week.